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Terms of Service

Acceptance of Terms.
READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING TO USE THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU MAY NOT BECOME A MEMBER OF THE WEBSITE, ACCESS OR OTHERWISE USE THE SERVICES. YOUR CLICKING ON THE BUTTON MARKED I AGREE AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPT THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AND ONLY AGREEMENT BETWEEN MOZIE AND MEMBER, AND SUPERSEDES ANY AND ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, WARRANTIES, AND UNDERSTANDINGS, ORAL OR WRITTEN, BETWEEN MOZIE AND MEMBER WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT.
The terms and conditions in this agreement (the "Agreement") will govern any usage by you of Mozies (Mozie) website at www.mozie.com (the Site) and any services offered thereon (the "Services"). In order to access any Services, you must first complete Mozies registration process and must provide true, accurate, current, and complete information as requested by Mozie (each such registered person being a Member). Mozie grants to each Member a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. To be a Member, you must be at least 18 years old and you must be legally able to enter into this agreement.
The Services.
Mozie provides both free and paid online services through an online application suite of tools that allows Members to upload and manage online photo galleries, build and send eCards and email campaigns, and build and post webpages. The Member acknowledges that all content including eCards, email campaigns, and webpages are created by the Member. On the Site, Mozie does provide Members the use of royalty free images for such Members use solely in conjunction with the Services. The Member further acknowledges that Mozie does not rent or sell email lists. Mozie reserves the right, but is not obligated to, review and approve any content posted or sent by Members. Mozie retains the right to cancel and delete any account violating any terms in this agreement. By using Mozie Services, the Member is giving Mozie permission to copy and/or store Member content, contact lists and other information. Mozie will not use the Member content, contact lists or other Member information for any purpose that violates the Mozie Privacy Policy.
Member acknowledges that Mozie, is not a primary online storage system. Mozie does not guarantee online media backup as part of its services.
Member acknowledges that on free services Mozie Inc. provides, Mozie Inc. may include third party advertisements on Members eCards, photo galleries or any other such free product.
Use of Information.
Mozie's use of personal information provided by Member to Mozie or otherwise collected by Mozie will be subject to Mozie's Privacy Policy.
Modification.
Mozie may, without notice to you, discontinue or revise any or all aspects of the Site in its sole discretion, including discontinuing, temporarily or permanently, the Services (or any part thereof). Mozie will not be liable to you or to any third party for any modification or discontinuance of the Services or removal of content from the Services. Mozie may, upon notice published over the Site, modify this Agreement or Fees at any time. Modification of this Agreement will be deemed effective upon publication on the Site with respect to transactions occurring after the modification date.
YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH ANY MODIFICATIONS MADE PURSUANT TO THIS PROVISION, INCLUDING WITHOUT LIMITATION (i) ANY CHANGE IN THE CONTENT OF THE SERVICES, OR (ii) ANY CHANGE IN THE AMOUNT OR TYPE OF FEES, IS TO TERMINATE YOUR MEMBERSHIP BY DELIVERING NOTICE TO MOZIE SUCH NOTICE WILL BE EFFECTIVE UPON RECEIPT.
Members Use of the Services.
Member agrees to prepay Mozie for all Services ordered by Member, including all applicable taxes (collectively, "Fees"). Payment will be made via credit card at the time Member orders the Service(s).
You will use the Services only in accordance with this Agreement. Members right to use the Services is not transferable and is subject to any limits established by Mozie or by Members credit card company. You may not access the Services in any manner other than through the Site. You may not reproduce, sell, resell, lease, license or transfer any portion of the Services, or your rights to use or access the Services. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
Member hereby represents, covenants, and warrants as follows:
He/she will use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). He/she will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. He/she will not make, or attempt to make, any change to the Site or its interface. He/she will not send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals without their permission. [See Mozie Anti-Spam policy.] He/she will only upload permission based e-mail lists that Member has been granted permission to use by each email recipient included on such list. He/she will not send, submit, or publish, or send content that contains links to web pages or sites that contain, any sexually explicit images or material that is otherwise offensive; including, without limitation, expressions of bigotry, racism, hatred, or profanity or any other images or material deemed by Mozie to be offensive. He/she will not send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party, as determined by Mozie. He/she will not impersonate any person, or communicate under a false name or a name that the User is not entitled or authorized to use. He/she will not send content that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual. He/she will not send content that contains links to web pages that contains illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise illegal. He/she agrees to not post material that constitutes a raffle, sweepstakes, lottery, or any other form of gambling. He/she agrees not to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services of any software, documentation, or data related to the Services. He/she agrees not to modify, translate, or create derivative works based on the Services or any software, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any software. The Services shall be used for the Members own purposes only.
Member Content.
Member will be solely and entirely responsible for any and all text, information and material, whether written or in audio or visual form, including but not limited to, ads, pictures, catalogs, video clips, or other information that you post, upload or otherwise make available by means of the Services as provided by Mozie. Mozie disclaims any and all responsibility and liability resulting from the posting, use or availability of all Member content. Mozie does not monitor Member content which you make available by means of the Services. Mozie reserves the right, in its sole discretion, to immediately remove any Member content from the Site for any reason whatsoever. Member will be notified of any such removal. Member warrants that he/she owns or has a valid and sufficient license to use and provide the Member content and all portions thereof and any and all other materials that he/she provides to Mozie under this Agreement.
Copyrighted Material.
Mozie is committed to protecting copyrights and it expects you to do the same. Each person submitting or otherwise utilizing an image is required by US law to own the right to, or to obtain the permission to, use such image before it is uploaded or otherwise utilized on the Site or in conjunction with any Service. At Mozies discretion. Mozie may terminate the accounts of Members, or prevent access to the Service by members, who infringe the copyright or other intellectual property rights of others. If you believe that your copyright or other intellectual property has been copied, infringed upon, or otherwise misused in any way, please contact us at the following address and provide all relevant details.
Mozie, Inc.
5348 Vegas Dr.
Las Vegas, NV 89108
All of the information, content, and materials Mozie offers is protected by copyright and other applicable laws. You may not copy or distribute such material without the owners prior written consent. You may use these materials only subject to the terms of this Agreement, provided that you do not modify any of such materials or remove any copyright or other proprietary rights notices contained in or on such materials.
All right, title and interest in and to the Site and the Services is and will remain the exclusive property of Mozie and its licensors. The Site and the Services are protected by applicable intellectual property laws. You may not copy any part of this Site, and Service or any underlying code.
Proprietary Rights.
You hereby grant to Mozie a nonexclusive, worldwide license to use, reproduce and display all Member content and any and all trademarks, service marks and other proprietary designations that you provide to Mozie as part of the Member content. Other than the Member Content which is owned by Member, Mozie owns and retains all right, title and interest (including all intellectual property rights and proprietary rights therein) in and to the Site.
Termination.
This Agreement will remain in effect for as long as Mozie offers to provide the Services, provided that Member pays to Mozie all then-current applicable charges for the Services. Either party may terminate this Agreement, with or without cause, effective upon providing written notice to the other party. Notwithstanding the foregoing or any other provision of this Agreement, Mozie may immediately suspend or terminate any or all Services, without notice and without any liability or obligation to you if Mozie reasonably believes that you are using the Services in any manner that (a) is illegal or in violation or breach of this Agreement, (b) threatens Mozies intellectual property rights, (c) could give rise to liability of Mozie, (d) could cause injury to Mozie business or reputation, (e) Mozie finds, in its sole discretion, to be distasteful or of an improper nature for the Services, or (f) is otherwise allowed under this Agreement. Upon any termination or expiration of this Agreement, Mozie will immediately cease providing the Services.
Loss of Data.
Mozie immediately deletes any of your archived data when Member opts to delete membership through the "My Account" screen. If an account is inactive for more than 180 days and no remaining membership credit remains in the account, Mozie will delete any archived data within 30 days.
Failure or Inadequacy of Services.
Members sole and exclusive remedy for any failure of the Services shall be for Mozie to use commercially reasonable efforts to adjust or repair the Services.
Indemnification; Damages.
Member agrees to indemnify, defend and hold harmless Mozie and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) from and against any and all claims, liabilities, losses, expenses, damages and costs, including, without limitation, reasonable attorneys fees, resulting from (i) a violation, or an alleged violation, of the terms of this Agreement; (ii) the breach, failure or inaccuracy, or alleged breach failure or inaccuracy, of any Member representation, warranty or covenant made in this Agreement; or (iii) otherwise arising from or relating to your use of the Services or any third partys use of your account. In addition, you acknowledge and agree that Mozie has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although Mozie has no obligation to monitor the content provided by you or your use of the Services, Mozie may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "powered by Mozie" or a similar message. You agree to cooperate with and provide reasonable assistance to Mozie in promoting and advertising the Services.
Member acknowledges that Mozie provides an "unsubscribe feature" on it's e-mail products. If a recipient selects to unsubscribe, they will automatically be deemed inactive in Member's contact list. Member may NOT reactivate any unsubscribed recipient without the written approval of such person to do so.
Disclaimer of Warranties.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN AS-IS, AS AVAILABLE BASIS, AND MOZIE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS. MOZIE MAKES NO WARRANTY THAT (i) THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, (ii) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED.
Limitation of Liability.
(a) THE MAXIMUM LIABILITY OF MOZIE TO ANY MEMBER OR OTHER PERSON SUBJECT TO THIS AGREEMENT AND SUCH PERSONS SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, ARISING UNDER OR RELATED TO THIS AGREEMENT OR ANY SERVICE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES PAID BY SUCH PERSON TO MOZIE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE EVENT GIVING RISE TO SUCH CLAIM AROSE.
(b) IN NO EVENT WILL MOZIE AND ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), ARISING UNDER OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOZIE AND MEMBER. THIS WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Miscellaneous.
(a) This Agreement shall be treated as though it were executed and performed in Las Vegas, Nevada and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Nevada (without regard to conflict of law principles). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the federal or state courts located in Clark County, Nevada, and Member expressly submits to the jurisdiction of said courts and Member consents to extra-territorial service of process.
(b) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. Failure of Mozie to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties are independent contractors. Nothing contained in this Agreement is intended or is to be construed to create a partnership, franchise, joint venture, agency or legal affiliate relationship between Mozie and you or any relationship other than independent contractors.
(c) You may not assign this Agreement or any of your rights or obligations under this Agreement without Mozie prior written consent. Any attempted assignment in violation of this Section will be void. This Agreement is binding upon, and inure to the benefit of, the parties, their successors and permitted assigns.
(d) Notices under this Agreement must be in writing and will be deemed given when delivered personally, or by email or facsimile (with confirmation of receipt) or by conventional mail (registered or certified, postage prepaid with return receipt requested). Notices will be addressed, (a) if to you, at the address provided by you as part of the online enrollment process and (b) if to Mozie at the address provided below, but each party may change the address by written notice in accordance with this paragraph.
Mozie, Inc.
5348 Vegas Dr.
Las Vegas, NV 89108
Last Updated: February 23, 2007